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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that has to do with immediate threats to the police or public. there is a part of the law that said you don't have to give miranda rights to a suspect to immediately protect the police in a life or death situation. the idea is that when they got him in the boat, they don't know if there are other plots or bombs or devices that the brothers had allege wouldly planted. that was a way to get immediate information about the type of threat they may have posed. dzhokhar remains here in the hospital in serious condition. he lost a lot of blood and suffered two gunshot wounds one in the ne
was signal would by not reading the miranda rights when they captured him. it could mean that and could mean the opposite of that. in the meantime eric shaun has the latest from boston right now. >> hi, neil, they could be filing them under a civilian case under those chargeless. federal charge of at the same time state murder charges and that's what sources are telling fox newings, the reason he was not given the miranda rights is that under the law, under a approximate exemption that...
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. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems against him and his brother for the act they perpetrated. >> correct. >> what they will i'm sure be extremely curious to find out if they can is are they part of a wider group of either like-minded individuals who have been coordinating themselves reading stuff on the internet, videos and so on, which apparently is what he's claiming. whether they're attached to anybody in chechnya, for example, or islamic fundamentalist nature, et cetera, et cetera, how far can you go in terms of eliciting that information from somebody like him in his position once he's had his miranda rights read to him as he now has? >> my view is y
. >> they can do that at any time even after they read him his miranda rights? >> yes, that's my view. >> so that changes nothing in view of their ability to interrogate? >> what it changes is their ability to question him and use any statement that he makes. that they're not allowed to do. >> he is apparently claiming -- >> they don't need that in this case. they got a mountain of evidence against this guy. >> right. they have testified it seems...
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
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so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to an al-qaeda plot, and they ordered people to stay inside so they were confident that there was no explosive devices to begin with. i think it was a show of force by the federal government to let everybody know that they were doing everything they can short of torture, which is now illegal, to get information out of him. >> cenk: let me see if i can take this to the next level. peter king said he should be a combatant. >> i want the intelligence to save americans lives. and that's the only way to do that effectively if he's treated as enemy combatant. >> there is fin
so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to...
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essentially admitted to doing it, and i want to say with a very important caveat, before he was read his miranda rights. >> there's no such thing as a slam dunk in criminal law. but this is as close as you get. you've got video tape putting him at the scene. you have a motive in terms of what he's had to say. plus, you have a guy in a car that admissions were made to. it goes on and on. now, could he beat the death penalty? maybe that's a possibility. what should the defense's strategy be. the shoe bomber obviously now serving life, but did not get the death penalty because of your defense. what can the defense possibly do? >> well, they're going to be focused on mitigation at this point, thinking about the possibility of the death penalty. they're going to be looking into his background. they're going to be having him evaluated, potentially, by, you know, forensic evaluations, by psychologists. they're going to be looking at his state of mind. >> it seems like the defense may try to say he was under the influence of his older brother and be some way to mitigate his defense or say he is brainwas
essentially admitted to doing it, and i want to say with a very important caveat, before he was read his miranda rights. >> there's no such thing as a slam dunk in criminal law. but this is as close as you get. you've got video tape putting him at the scene. you have a motive in terms of what he's had to say. plus, you have a guy in a car that admissions were made to. it goes on and on. now, could he beat the death penalty? maybe that's a possibility. what should the defense's strategy...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights off tonight have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups also it's important to mention that republican lawmakers in the united states have been suggesting that to be treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen as we do know back in two thousand and eleven they did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan back that he was twenty four years. old and the f.b.i. did receive recommendations that they investigate h
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights off tonight have been revoked the rights of he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between...
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you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life. and there was this finding from the judge, and this one is important. quote, i find that the defendant is alert, mentally competent, and lucid. he is aware of the nature of the proceedings. okay? so that is the basis for the discussion. joined by retired superior court judge isaac borenstein in boston. he's done hospital visits over his 22 years as a judge. let us begin with the idea, confusion and frustration about miranda rights. give them right away, if you don't give them, then this prosecution is astray. what is the basic understanding o
you've been hearing a lot about miranda rights. there's issue at play here that need to be clarified. we're going to read a couple of the things said from the hearing. we have the transcript. the judge said, quoting here, you have been charged with one use of a weapon often mass destruction and malicious destruction of property resulting in death. the case is being prosecuted in part by william weinreb. the maximum penalty on each count is death or imprisonment for any terms of years, or life....
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who's arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling him to quote remain silent and then followed up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because gu
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who's arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote...
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we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and they don't need to hide behind enemy combatant? >> i think that is certainly part of it. it does look like an overwhelming body of evidence. more than that, they thought they could get the immediate information they needed by the miranda exception, the public safety exception so they could make sure the public was safe. there accident seem to be an constitution aal basis to treat someone that commits a crime like this on our soil. the supreme court has upheld treating an american, the american taliban hamdi captured in afghanist
we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can...
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as the participation of any per possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights groups are saying that he should be able to have these rights provided to him. a u.s. citizen being investigated in a criminal case but certainly this is not been the case officials are using the public safety clause and the criticism stems from the fact that they did say earlier that any immediate threat has been removed also it's important to mention that republican lawmakers in the united states have been suggest. that i have been treated as an enemy competent this is also been a topic of much debate because we are of course talking about a us citizen or ny and didn't become a naturalized citizen las
as the participation of any per possible further accomplices and of course we have to note that the miranda rights off tonight have been revoked the right and he has to remain silent as well as a right to a lawyer are being deny to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate civil rights...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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because if you call it custody, like i said, you have to give miranda warnings. miranda is triggered when a person is in custody, is not able to leave. >> but that means, if they have that person in custody and they haven't read the miranda rights, in theory, that person could just get up and leave. >> no, they have somebody who's willing to be questioned. they have somebody -- you've seen this on television, right? a person willing to come down to the police station and be questioned. if the person is willing to be questioned and could leave if they wanted to, this is the definition, then he's not technically in custody and you don't have to give him miranda warnings. so they may have a situation where they're playing with somebody and somebody's playing with them, but it isn't quite custody. and they don't want to call it that or make it that, because, again, the lawyer walks in. >> i don't know if you've heard, we're looking at pictures to have the federal courthouse there in boston, but they had to evacuate that moments ago. nont know what that's about, and i
because if you call it custody, like i said, you have to give miranda warnings. miranda is triggered when a person is in custody, is not able to leave. >> but that means, if they have that person in custody and they haven't read the miranda rights, in theory, that person could just get up and leave. >> no, they have somebody who's willing to be questioned. they have somebody -- you've seen this on television, right? a person willing to come down to the police station and be...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more infmation but certainly looking like a military tribunal. >> geraldo: do you want it to be military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commcial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel like a 9th
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it becae of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldosa it in english. court or tribunal?...
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i don't know what the secretary means when she said ping. what is clear to me from my past experience, the united states of america has no viable entry-exit system. we aren't able to track people as
miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing,...
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules undermine the constitution. well this is a case this issue's been settled by the supreme court it was so it a case of the mid eighty's i believe ninety six that's the name of this case of state at the moment but this is something that the supreme court has reviewed it up held ask corsa to tional in certain circles in certain situations. personally i'm not really sure what could have been a tape from them when he was unconscious at what he was in such a terrible state when he was picked out of that boat because the gentleman. the suspect was just. pretty much incapacitated whether they removed him f
for instance now we know that joe hart was not read his miranda rights in the beginning and there was a lot of questions as to why that wasn't happening but it's that turns out president obama and the f.b.i. and the local officials said that he was not do read those rights because of the public safety exception now the obama administration expanded those illegal mental those safety public safety exceptions in two thousand and eleven but i have to ask you do these kind of exceptions to rules...
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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Apr 21, 2013
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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Apr 23, 2013
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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Apr 22, 2013
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i am informed, joe, that miranda was -- the suspect was mirandized today. i don't know exactly what that means. it doesn't sound like they will have enough elbow room to ask questions. what is your take? >> what happens was there was resentment in the hospital today where a u.s. magistrate average, prosecutor and a public defender were in attendance, in explaining the charges to the defendant, he was told he had the right to remain silent, that an attorney would be provided for him and he was asked if he understood those things. he did. he was told he did not have to make any statements. so the so-called period in which they were going to glean all of this intelligence from him has ended. if he chooses to speak, it will, no doubt, be over the objection of his public defender and now that he's lawyered up, my guess is that the talking is over. >> was this a mistake in i mean, a lot of people calling for enemy combatant status. that would have given a lot more time for questioning. he can be brought back into the federal system. at least he'd have a period wh
i am informed, joe, that miranda was -- the suspect was mirandized today. i don't know exactly what that means. it doesn't sound like they will have enough elbow room to ask questions. what is your take? >> what happens was there was resentment in the hospital today where a u.s. magistrate average, prosecutor and a public defender were in attendance, in explaining the charges to the defendant, he was told he had the right to remain silent, that an attorney would be provided for him and he...
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this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to gain information from him. when the public safety exception expires and well here's this man in my view should be designated as a potential enemy combatant. but then he went on to say that he wants a federal trial in the u.s. court with him tried as a u.s. citizen and senator graham says that joe is not eligible for military commission trials so how do these two trials kind of differ can you give us some insight. when they can certainly if there's been much debate surrounding the way the hearts of should be tried certainly a lot of mostly republican lawmakers were advocating for him to be try. as an e
this is really the latest surrounding him right now we're not sure exactly whether or not he was his miranda rights were read to him that was been causing lots of debate earlier but certainly the charges have been brought to the case goes from here and as i had mentioned earlier on a stock to a lot of people are not happy with the fact that the white house thought that he will be charged in civilian court senator lindsey graham and others talked about treating. as an enemy combatant in order to...
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Apr 23, 2013
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it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the suspect had
it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself...
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Apr 22, 2013
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. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got better. well, enjoy your round! alrigh
. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all...
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Apr 24, 2013
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recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get information to protect against a future tact tick that can't be used in the trial. don't you think the lawyer is going to say i'm not going to have my client talk to you unless you promise not to seek the death penalty? >> i would say that the senator from south carolina, i don't know how that was 'nibble this case. any defense lawyer, as they should to defend their client, there's no way they oill allow that individual who committed the terrorist attack in boston to speak to one investigator now if we get additional information, we have follow-up questions, without taking the death penalty off the table. >> so did t
recovering from gunshot wounds and as investigators continue to swear gate him, a judge gave him his miranda right and now lawmakers fear this legal action unknowingly took the death center off the table. listen to what senators had to say on the senate floor earlier today. >> how do you get the death penalty when the only way you can get information out of the suspect is to go through his lawyer? you can't have this national security interrogation where there's no lawyer to get...
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Apr 23, 2013
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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Apr 24, 2013
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. >> dzhokhar was read his miranda rights in a brief bedside session. >> he nodded most of his answers. >> nodded four times to questions but spoke just one word. >> when asked if he could afford a lawyer, he spoke the word no. >> the house today will get a classified briefing. a senate committee will question the fbi. >> the fbi faces questions. >> there are limits on what can be done. >> there are ways in which you could further enable the fbi. >> these are all issues that are going to be developed. >> i want to get a sequester very quickly in here. >> a series of automatic, severe budget cuts. >> across the board sequester cuts. >> what does it mean for the overall debate? >> fbi agents will be furloughed. changes like this affect our ability to respond to threats. >> this is a result of the sequester. >> these cuts are not smart, they are not fair. >> this touches, you know, almost every big issue going on in washington now. >> president obama's early second term domestic agenda. gun control, the budget and reform. president obama is inviting the senators over for dinner tonight. >
. >> dzhokhar was read his miranda rights in a brief bedside session. >> he nodded most of his answers. >> nodded four times to questions but spoke just one word. >> when asked if he could afford a lawyer, he spoke the word no. >> the house today will get a classified briefing. a senate committee will question the fbi. >> the fbi faces questions. >> there are limits on what can be done. >> there are ways in which you could further enable the fbi....
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Apr 20, 2013
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everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us strong. blogs,ng tweets and there is a temptation to latch on to any bit of information and sometimes jump to conclusions. when a tragedy like this happens, when public safety is at risk and the stakes are so high, it is important we do this right. that is why we have investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. not about the motivation of these individuals. certainly not about entire groups of people. after all the one thing that makes america the grea
everyone should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us...
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Apr 23, 2013
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 19, 2013
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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Apr 23, 2013
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we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of
we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them...
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Apr 22, 2013
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 23, 2013
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...